This article outlines the procedures and regulations by which
this chapter shall be administered and includes responsibilities of
the Zoning Officer and procedures for obtaining and regulating permits,
fees, and violations.

Hereafter, no land shall be used or occupied, and no building or
structure shall be erected, altered, used or occupied, except in conformity
with the regulations herein established for the districts in which
such land, building or structure is located, as well as all other
applicable statutes.

Zoning Officer. The Supervisors shall annually appoint a Zoning Officer
to serve for a term of one year or until their successor is appointed
and may appoint such Deputy Zoning Officers as it determines necessary
from time to time. No person so appointed shall hold any elective
office in the Township, and the Zoning Officer shall be able to demonstrate
to the satisfaction of the Supervisors a working knowledge of municipal
zoning. The Zoning Officer and their deputies shall administer this
chapter in accordance with its literal terms and shall not have the
power to permit any construction or any use or change of use or occupancy
which does not conform to this chapter. The Zoning Officer and any
such Deputy are hereby given the power and authority to enforce this
chapter, to institute enforcement proceedings and to prosecute violations,
including, upon approval of the Supervisors, actions in equity as
a means of enforcement.

To record and file all applications for permits and accompanying
plans and documents and keep them as public records in accordance
with the Pennsylvania Right-to-Know Law, Act 3 of 2008, as amended.[1]

To issue permits for uses approved by special exception, variance,
or conditional use only after such uses or buildings and structures
permitted in conjunction therewith are ordered and approved by the
Zoning Hearing Board or the Supervisors, as applicable, in accordance
with the regulations of this chapter, or as directed by a competent
court of appellate jurisdiction, subject to such conditions or stipulations
contained in any such order.

To issue a cease and desist order and order, in writing, corrections
to all conditions found to be in violation of the provisions of this
chapter. Such written orders shall be served personally or by certified
mail upon persons, firms, or corporations deemed by the Zoning Officer
to be violating the terms of this chapter. It shall be unlawful for
any person to violate any such order lawfully issued by the Zoning
Officer, and any person violating any such order shall be guilty of
a violation of this chapter.

To receive and examine all applications for zoning and other
permits, referring applications to the appropriate reviewing authority,
and issue building and other permits only when there is compliance
with the provisions of this chapter and with other Township ordinances.

To notify, in riverine situations, adjacent communities and
the State Department of Environmental Protection prior to any alteration
or relocation of a watercourse and submit copies of such notifications
to the Township Manager.

Prior to the erection, alteration, extension, enlargement, or demolition
of any building, structure, sign, or portion thereof. It shall be
unlawful for any person to commence work in connection with the erection,
alteration, extension, enlargement or demolition of any building,
structure or sign or portion thereof until a zoning permit has been
duly issued by the Zoning Officer. Issuance of a zoning permit shall
authorize the issuance of a building permit, subject to compliance
with any Township or state building or other codes applicable thereto.

When a change in use of land or buildings, a change in the principal use or expansion of a nonconforming use, or development within the areas restricted by natural resources protected in accordance with Article VII of this chapter.

Before a home occupation, as per § 455-61, is added as an accessory use to an existing residential principal use or conducted as a part of a new residential use. In the latter case, the zoning permit shall specifically identify the principal and accessory use.

Applications. Application for a zoning permit shall be made in writing
to the Zoning Officer on a form furnished by the Township and shall
contain all information necessary for such officer to ascertain whether
the proposed use of land, buildings, or other improvements which are
the subject of the application complies with the provisions of this
chapter, all other applicable Township ordinances and regulations,
and all statutes and regulations of other governmental authorities
having jurisdiction. No application is complete, nor shall it be accepted
for filing, until all required documents, including but not limited
to homeowner association approvals if applicable, have been filed
and all fees have been paid.

Building permits. Upon the issuance of a zoning permit, the applicant
may file a written application on a Township-approved form for a building
permit with the Building Code Official. No building permit shall be
issued until the Zoning Officer has certified the proposed use by
issuance of a zoning permit. It shall be unlawful for any person to
commence work on the erection, alteration, enlargement, extension,
or demolition of any building until a building permit has been issued.

Application for permits under this section, along with accompanying
plans and data, may be submitted by the Zoning Officer to any appropriate
governmental agency, authority, or representative for review and comment
relative to compliance with existing statutes, and the Zoning Officer
shall consider those comments in action on the application.

Applications for zoning permits shall specifically identify by name
and date of approval the subdivision or land development plan creating
the lot for which the permit is sought or shall supply sufficient
information to identify the lot and verify its compliance with applicable
zoning regulations. Applicants are encouraged to file with the application
a copy of such plan for the purpose of expediting the Zoning Officer's
processing of the application. At a minimum, the application shall
be accompanied by three copies of the plan(s) drawn to scale and contain
the following to verify conformity with this chapter:

Wherein the disturbance or movement of earth is contemplated, a soil erosion and sedimentation control plan in compliance with § 400-56 of Chapter 400, Subdivision and Land Development, with an accompanying narrative prepared by a qualified person for review and approval by the Township Engineer, or, when applicable, a copy of the permit issued by the Pennsylvania Department of Environmental Protection approving earthmoving operations.

The exact dimension and location on the lot of all existing buildings,
structures and signs, open space, if any, and all proposed buildings,
structures and signs, and proposed extensions or alterations thereof.

A narrative description of the provision for water and sanitary sewerage
and, in the instance of a proposed on-site sanitary sewer system and/or
water well, a true and correct copy of the permit issued by the Chester
County Health Department or other regulatory authority having jurisdiction.

A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of those operations in producing
noise, heat, vibration, glare, air pollution, water pollution, fire
hazards, traffic congestion, or other safety hazards.

Applications for permits required under this chapter shall be submitted
by the landowner, or a designated representative proven to have authority
to act for the landowner; provided, however, that responsibility for
obtaining any required permit in compliance with this chapter shall
be the responsibility of the property owner in title. No zoning permit
application is complete unless it is accompanied by the requisite
fee. Applications found to be incomplete will not be accepted or processed.

No permit shall be issued by the Zoning Officer except in conformity
with the provisions of this chapter and other applicable Township
ordinances and regulations, except upon written order of the Zoning
Hearing Board, or, where it has jurisdiction, the Board of Supervisors,
or a court of competent jurisdiction, as applicable; provided, however,
permits issued pursuant to such written orders shall be subject to
any conditions and stipulations imposed by such authorities.

In all instances in which the Zoning Officer has or expresses a reasonable
doubt as to the ability of the proposed use, building or land to meet
all of the requirements of this chapter or any other applicable Township
ordinance or regulation, or those of any state agency or other regulatory
authority having jurisdiction, it shall be incumbent upon the applicant
to furnish to the Zoning Officer adequate evidence of compliance or
ability to comply in support of his application. If the Zoning Officer
determines that such adequate evidence has not been furnished, the
zoning permit shall be denied. In the case that a permit is denied,
the Zoning Officer shall send written notice to the applicant citing
the reasons why the permit was denied within 30 days of when the Zoning
Officer made the determination.

The parcel or parcels of land, building or structure, or parts thereof,
for which an application is submitted shall be in full ownership of
the applicant, or proof of equitable ownership satisfactory to the
Zoning Officer shall be furnished at the time the application is filed.

Permits shall be granted or refused within 30 days from the date
the application is filed with the Zoning Officer and shall be valid
for a period not to exceed one year from the date of issuance. If
construction is commenced under any such issued permit within such
period, the Zoning Officer is authorized to extend the permit for
a period not to exceed one additional year from the date of expiration
of the initial one-year period. The Zoning Officer is authorized to
revoke any zoning permit where there has been no substantial start
to construction or when a cessation of construction work of more than
six months has occurred.

A temporary zoning permit may be authorized by the Zoning Officer
for a nonconforming structure or use which it deems beneficial to
the public health or general welfare or which it deems necessary to
promote the proper development of the community, provided that such
nonconforming structure or use shall be completely removed upon expiration
of the permit without cost to the Township. Such a permit shall be
issued for a specified period of time, not exceeding one year.

The Board of Supervisors shall establish by resolution a schedule
of fees, charges, and expenses and collection procedures for zoning
permits, certificates of use and occupancy, special exceptions, variances,
conditional uses, appeals, and other matters pertaining to this chapter.
The schedule of fees shall be available for inspection in the office
of the Township Secretary during normal business hours and may be
amended by the Board by resolution. Such alterations shall not be
considered an amendment to this chapter and may be adopted at any
public meeting of the Board of Supervisors by resolution.

Fees so established for any application or appeal, pursuant to this
chapter and paid to the Zoning Officer, shall accompany the application
or appeal upon submission. The Zoning Officer shall have the sole
discretion to determine the total amount due for an application or
appeal.

If, at any time, the charges then made against the applicant's
deposit shall render the balance insufficient to ensure payment of
all expenses that may accrue in the disposition of the ending appeal
or application, the Zoning Officer shall obtain from the applicant
additional deposits to assure adequate funds to pay such expenses
as they may accrue. Prior to final disposition of the matter, the
amount of the deposit shall not be less than 15% of the initial deposit
amount. The failure of the Zoning Officer to require and obtain additional
deposits from time to time shall not relieve the applicant from any
liability for expenses in excess of deposits.

In case any building, structure, landscaping, or land is or is proposed
to be erected, constructed, reconstructed, altered, converted, maintained,
or used in violation of this chapter, the Board of Supervisors, the
Zoning Officer, or any other enforcement officer of the Township,
with the Supervisors' approval, in addition to other remedies, may
institute any appropriate action or proceeding to prevent, restrain,
correct, or abate such a building, structure, landscaping, or land
or to prevent, in or about such premises, any such action, conduct,
business, or use constituting a violation of this chapter by giving
written notice of such action prior to the time the action is begun.
Notice shall be given to the owner of the property served by the Zoning
Officer or other enforcement officer of the Township, or by certified
mail, including a copy of the complaint to the Zoning Officer, or
violation of this chapter observed by an agent of the Township at
least 30 days prior to such action being taken. No such action may
be maintained until such notice is given.

Whenever a violation of this chapter occurs or is alleged to have
occurred, any person may file a written complaint. Such complaint,
stating fully the causes and basis thereof, shall be filed with the
Zoning Officer, who shall record such complaint, investigate, take
action thereon as provided by this article and report to the Supervisors
regarding the complaint and the action thereon.

Failure to secure a permit prior to the construction, alteration,
extension, or demolition of any building or structure; failure to
secure a permit prior to a change in use or occupancy of land, buildings,
or structures; failure to secure a certificate of use and occupancy
permit prior to the use or occupancy of any land, building, or structure;
failure to obey or comply with any order or condition of approval
of any special exception, variance, conditional use, or other zoning
relief ordered by the Zoning Hearing Board or the Board of Supervisors,
as applicable; failure to comply with an enforcement notice duly issued
by the Zoning Officer or any authorized Township enforcement officer
in relation to the provisions of this chapter; failure to take any
action required as a condition of any use provisions of this chapter;
failure to comply with a lawful directive of the Zoning Officer or
any authorized Township enforcement officer issued under the provisions
of this chapter; and the undertaking of any deliberate action which
is contrary to the terms of this chapter shall constitute a violation
of this chapter, and the Zoning Officer shall initiate enforcement
proceedings by sending notice thereof as provided in this chapter.
Enforcement proceedings shall commence when it appears that a violation
of any provisions of this chapter occurs. By means of the enforcement
notice, the Zoning Officer may order the discontinuance of illegal
use of the land or structure(s), removal of illegal structure(s) thereto,
or discontinuance of any illegal work being done. Upon receipt of
such notice, discontinuance of the violation shall occur immediately.

The enforcement notice shall be sent to the owner of record of the
parcel on which the violation has occurred, to any person who has
filed a written request to receive such a notice regarding that parcel,
and to any other person requested in writing by the owner of record
of the parcel.

Any filing fees paid by a party to appeal an enforcement notice to
the Zoning Hearing Board shall be returned to the appealing party
by the Township, if the Zoning Hearing Board, or any court in a subsequent
appeal, rules in the appealing party's favor.

Any person, partnership, or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable in a civil enforcement proceeding commenced
hereunder, pay a judgment of $500, plus all court costs, including
reasonable attorneys' fees incurred by the Township as a result
thereof. No judgment shall commence or be imposed, levied, or payable
until the date of the determination of a violation by the Magisterial
District Judge. In the event that any such person against whom the
Magisterial District Judge has rendered a judgment neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Pennsylvania Rules of Civil Procedure.
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge determining that there has been
a violation further determines that there was a good faith basis for
such person violating this chapter to have believed that there was
no such violation. In that latter event, there shall be deemed to
have been only one such violation until the fifth day following the
date of the determination of a violation by the Magisterial District
Judge, and thereafter, each day that a violation continues shall constitute
a separate violation. All judgments, costs, and reasonable attorneys'
fees collected for the violation of this chapter shall be paid over
to the Township.